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Case 5:07-cv-03766-JW Document 18 Filed 08/31/2007 Page 1 of 3
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700790340v1 -1- MOTION TO DISMISS
Case No. C-07-03766
Dockets.Justia.com
Case 5:07-cv-03766-JW Document 18 Filed 08/31/2007 Page 2 of 3
2 District in Case Nos. H029484 and H029742 (filed November 6, 2006), a court-certified
5 No. S148839 (filed January 17, 2007), a court-certified copy of which is attached hereto as
6 Exhibit D.
8 Remand” (filed June 22, 2007), a court-certified copy of which is attached as Exhibit E.
9 Defendants’ request for judicial notice is based upon Rule 201(b)(2) of the Federal
10 Rules of Evidence, which allows courts to take judicial notice of facts “not subject to
11 reasonable dispute” that are “capable of accurate and ready determination by resort to
12 sources whose accuracy cannot reasonably be questioned.” Rule 201(b)(2) allows judicial
13 notice of court records of other cases. See Kourtis v. Cameron, 419 F.3d 989, 994 n.2 (9th
14 Cir. 2005) (holding that court records from related proceedings can be taken into account
15 without converting a motion to dismiss into a summary judgment motion); Shaw v. Hahn,
16 56 F.3d 1128, 1129 n.1 (9th Cir. 1995) (taking judicial notice of court records in connection
17 with a motion to dismiss); MGIC Indemnity Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir.
18 1986) (taking judicial notice of pleading filed in separate action).
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700790340v1 -2- MOTION TO DISMISS
Case No. C-07-03766
Case 5:07-cv-03766-JW Document 18 Filed 08/31/2007 Page 3 of 3
1 Therefore, Defendants respectfully request that the Court take judicial notice of the
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By /s/ Jason A. Catz
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Attorneys for Defendants STANFORD
10 UNIVERSITY and MAIA YOUNG
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700790340v1 -3- MOTION TO DISMISS
Case No. C-07-03766